Mr. Poe of Texas (for
himself, Mr. Garrett,
Mr. Huizenga of Michigan,
Mr. Pitts,
Mr. Gohmert,
Mr. Wilson of South Carolina,
Mr. Ribble,
Mr. Rigell,
Mrs. Lummis,
Mr. Roe of Tennessee,
Mr. Culberson,
Mr. DesJarlais,
Mr. Walberg,
Mr. Stutzman,
Mr. Graves of Georgia,
Mr. Mulvaney,
Mr. Duncan of South Carolina,
Mr. Gowdy,
Mr. Jordan,
Mr. Burton of Indiana,
Mr. Ross of Florida,
Mr. Burgess,
Mr. Southerland, and
Mr. Campbell) introduced the following
bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on
Transportation and
Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned

A BILL

To provide for limitations on the domestic use of drones
in investigating regulatory and criminal offenses, and for other
purposes.

1.

Short title

This Act may be cited as the
Preserving American Privacy Act of
2012.

2.

Prohibition on
authorization of domestic use of drones except for certain law enforcement
purposes

No Federal agency may
authorize the domestic use of an unmanned aircraft (as defined in section 331
of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) for law
enforcement purposes or for surveillance of a United States national or real
property owned by that national, including by any State or local government,
except pursuant to warrant and in the investigation of a felony. The domestic
use of such an unmanned aircraft shall be subject to the same limitations and
exceptions as apply in the case of any other search in the relevant
jurisdiction.

3.

Limitation on
domestic use of drones in Federal criminal investigations

Chapter 205 of title 18, United States Code,
is amended by adding at the end the following:

3119.

Limitation on
domestic use of drones

No
Federal agency other than a Federal law enforcement agency may use in the
United States or authorize any Federal officer or employee to use in the United
States (including by granting a permit to use) an unmanned aircraft (as defined
in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note)) for law enforcement purposes or for surveillance of a United States
national or real property owned by that national except pursuant to warrant and
in the investigation of a felony. The domestic use of such an unmanned aircraft
shall be subject to the same limitations and exceptions as apply in the case of
any other search. No information obtained in violation of this section using
such an unmanned aircraft may be used in a criminal proceeding before a Federal
court.

.

4.

No use of drone
evidence in administrative hearings

Section 556 of title 5, United States Code,
is amended by adding at the end the following:

(f)

No evidence obtained by an agency using an
unmanned aircraft (as defined in section 331 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note)) may be introduced in a hearing under
this section.

.

5.

No
authorization for domestic use in private surveillance

No Federal agency may authorize the domestic
use, including granting a permit to use, of an unmanned aircraft (as defined in
section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note)), to permit any private person to conduct surveillance on any other
private person without the consent of that other private person or the owner of
any real property on which that other private person is present.

6.

Rule of
construction

Nothing in this
Act shall be construed to change the laws regarding the permissible uses of
drones for border security applications within 25 miles of the United States
border.